Discussion

Crew accommodations, the home of seamen on shipboard, are generally recognized as being of paramount importance for the health, efficiency, and welfare of seamen. Even in those cases where there has been a desire to provide and maintain suitable crew accommodations, such accommodations with their equipments have been reduced to substandard levels by the pressure of competition in international shipping. It was hoped that the Conference would adopt a convention on crew accommodations which would be definite as to the vessels to which it applied and the accommodations and equipment to be provided for the purpose of assuring seamen suitable accommodations in which to live, and which could not be reduced to substandard levels by international competition.

The Committee on Accommodation had before it the International Labor Office text of minimum requirements for crew accommodations which were developed and adopted by the maritime preparatory technical conference held at Copenhagen, November 1945. During the early stages in the consideration of the International Labor Office text in committee the United States government member, Commodore Shepheard, strongly urged that to be effective the requirements of the convention on crew accommodations must be definite as to applicability and content and, to insure a uniform standard of interpretation, all terms should be defined. This proposal of the United States government member was rejected, with the result that the convention on crew accommodations as finally adopted was substantially weakened.

During the sittings of the committee the United States Government submitted amendments designed to tighten the convention so as to insure adequate accommodations. These generally failed of adoption. The ships afloat today and those in the process of construction will in all probability constitute a very substantial portion of the world's merchant fleet for the next 30 years. The convention on crew accommodations as finally adopted does not make mandatory any improvement in the crew accommodations of existing ships, irrespective of the substandard level of accommodations.

Article 18 deals with existing ships, and in effect provides that when an existing ship simultaneously changes her territory of registration and ownership or when substantial structural alterations or major repairs are made to the ship as a result of long-range plans, the competent authority may, after consultation with shipowners and the trade unions of seamen, require the application of one or more of the provisions of the draft convention which the competent authority deems possible, provided that such requirements do not conflict with any technical, economic, or other practical consideration, regardless of its nature.

As with the existing ships, there is no guarantee that the convention will have any direct effect in raising the standards of crew accommodations on new ships. Although the convention is designed to provide minimum standards for crew accommodations, there are nevertheless such a multitude of generalized terms and provisions in the convention that the requirements may be evaded. The same is true of the provisions of article 10, paragraph 5, and article 16, paragraph 1, which may be used to provide substandard accommodations for seamen of Asiatic or African origin. However, the good faith of countries which ratify must be depended upon to meet not only the letter, but also the spirit of the convention.

In considering the articles of equipment to be provided seamen, such as bed linen, bedspreads, soap, towels, eating utensils, etc., which articles because of their nature could be readily reduced to precise requirements, a move was made that these articles be eliminated from the convention and made the subject of a recommendation. It was stated before the committee that there was no question but that such items would be supplied by shipowners, but since such items were consumable stores, they had no place in an international convention.

It is unfortunate that the convention on crew accommodations has been so drawn that nations can construct and operate ships with substandard crew accommodations even though they have ratified this convention. The application of this convention to new or existing ships is a guide with no assurance that the accommodations provided would be suitable under modern standards.

The United States government members serving on the committee were not satisfied with the results obtained. At no time did we advocate a standard that was as high as our practice. We sought to obtain a standard that would result in general ratification but at the same time improve the crew accommodations for other seamen. The position of Admiral Emory S. Land and Commodore Shepheard was well known to the European delegations:

"Can there be agreement among the maritime nations as to size, location and character of crews' quarters? If our standards in this respect are maintained and are so much higher than others, we are placed at a decided disadvantage in original cost and maintenance. If our standards are correct, how can we bring the other maritime nations into line? What part will the seamen's unions take in establishing uniformity? . . . The days when the dregs of the beach manned the ships are past, and we must have labor laws to meet present-day conditions at sea. In so far as possible, there should be uniformity among the maritime nations in this regard."

1

1 Statement of Admiral Land. The International Labor Organization's Maritime Work, International Labor Office, Montreal, 1946, pp. 4-5.

"Generally speaking, the standards aboard American ships are higher than those of other countries. In the highly competitive field of international trade, it is certainly to the interest of the American Merchant Marine to equalize this competition in so far as possible by bringing the ships of competing operators of other nations up to our standards." 2

The convention was adopted by a vote of 59 for and 21 against, with 3 abstentions. The entire United States delegation voted against.

Convention 72 provides that, after 12 months of continuous service, a seaman is entitled to 12 working days (and an officer 18 working days) vacation with pay and subsistence. Should he for any reason leave his job after six months, he is entitled to a proportionate amount of leave with pay. Should he be discharged through no fault of his own before completing six months' service, he is still entitled to a proportionate amount of leave with pay. Provision is made for cash payments "in exceptional circumstances" in lieu of leave. In scope the convention would apply to all seagoing vessels of 200 gross tons or over with the usual exclusions common to the other draft conventions. The proposed draft convention submitted by the International Labor Office at this Conference contained a requirement of continuous service "with the same undertaking" but this was deleted in committee despite the opposition of the employer group and some government members, including the United States and the United Kingdom. This point was raised again in the plenary sessions, and it was again defeated. The employers argued that the adopted convention provides no incentive for the seaman to remain with the same company. The workers, on the other hand, contended that vacation time earned should be paid for, that there is no incentive for leaving the job since he receives as good vacation provisions if he stays on the job, and that vacation pay is a minor factor in whether a seaman stays with a particular company. They also contend that because of the intermittent character of employment in the industry, the International Labor Office proposal would seriously limit the possibility of vacations for seamen. In giving effect to this convention, some countries may establish a central records system and a pooling of funds. However, in the United

2 Statement of Commodore Shepheard in an address to the American Merchant Marine Conference in October 1945. International Labor Conference, Twentyeighth Session, Seattle, 1946, Director's Report, International Labor Office, Montreal, 1946, p. 45.

States, where rotary hiring is the general rule, the adoption of the convention would probably mean that upon signing off after a trip, a seaman would get an extra day's pay and subsistence for each month of the trip.

The length of vacation for officers and men was debated at some length in committee. The United States Government proposal was to grant one day's leave with pay to an officer or man for each month of continuous service, or 18 days' leave with pay for each year of continuous service. In view of the compromise accepted by the employers and workers, it was not presented thereafter. The final provisions, 18 days for officers and 12 for seamen, was adopted because of existing clauses in European collective-bargaining contracts. It was made clear that the convention established minimums only and that in countries in which such discrimination between officers and men was contrary to policy or collective-bargaining agreements equal vacations for all seafarers would meet the requirements of the convention.

This convention was adopted by a vote of 78 to 16 with four abstentions. The United States government and workers' delegates voted "yes" and the employers' delegate voted "no."

COMMITTEE ON ENTRY, TRAINING AND PROMOTION

The International Labor Office report on entry, training, and promotion of seafarers contains two draft conventions, one on the medical examination of seafarers and the other on the certification of able seamen, a draft recommendation on the organization of training for sea service, and a draft resolution on conditions of entry to sea service. After nine sittings of the committee, the first three were adopted as amended and the draft resolution was rejected. In the plenary session on June 27 the two draft conventions and the draft resolution submitted by the committee were approved without substantial amendment.

Convention 73 on medical examination of seafarers provides that no person will be engaged for employment on seagoing vessels of over 200 gross tons unless he produces a medical certificate on his sight, hearing, and freedom from communicable disease. In the case of those to be employed on deck, color vision is also to be incorporated in the medical certificate. The medical certificate is valid for two years except that part of it pertaining to color vision, which is valid. for six years. The United States government member proposed to the committee that the period of validity be one year rather than two, and although most governments subscribed to this principle, the in

creased administrative burden prohibited them from supporting our amendment. The standards we proposed can still be adopted by individual countries since the convention deals only with minimums. An employer motion that the medical practitioner be appointed by the employer was defeated in committee. No agreement was reached on the definition of the appointment of the practitioner for the original examination. The committee adopted, however, a provision for an appeal by a seaman refused certification and for further examination by medical referee or referees independent of the shipowner, and the shipowner or seafarer organizations.

To assure that the age of the seaman will not be used to disqualify him so that, for example, a 45-year-old man will not be subjected to the same examination as a 25-year-old, a provision was adopted which specifies that in setting up the requirements for the examination "due regard shall be had to the age of the person to be examined." The convention was adopted by a vote of 79 to 4. The United States government delegates voted for the convention; the United States workers' and employers' delegates voted against.

Convention 74 on the certification of able seamen provides that no person shall be engaged on any vessel as an able seaman unless he produces a certificate of qualification. To be eligible for such a certificate he must be not less than 18 years of age and he must have passed an examination of proficiency. Also, he must have served at sea for not less than 36 months; or have passed through a course of training on shore with at least 24 months of sea service in addition to that shore training; or be the graduate of a course of training lasting at least 18 months on an approved seagoing training ship. Provision is made for the certification of those persons who, at the time of entry into force of this convention, are performing the full duties of able seamen or leading deck ratings, or who have performed such duties.

In the committee this Government proposed that special recognition be given in the convention to men who have served at least 12 months at sea and who, under our law, are thus eligible for limited or "blue AB" certificates. This amendment was finally withdrawn, partly in order to have the training-ship provision accepted. Our position is, however, amply explained by the following declarations made in withdrawing it:

"(a) Declaration of the Government member of the United States.

"In withdrawing clause (iii) of my amendment, it is the understanding of the United States Government member, and the Committee agrees, that after ratification of the proposed Draft Convention as it now stands, the United States would be permitted to continue the certification and signing on of limited able seamen as such. The understanding is that these limited able seamen, or so called "blue ticket"